Chief Metropolitan Magistrate Vinod Yadav pulled up the
police saying it has resorted to "self-confessed powerlessness
because of obvious reasons" for not registering the case.
"The FIR is not the Bible or charter of investigation.
This is self-confessed powerlessness because of obvious
reasons," shot back CMM Yadav as counsel for the police
contended it had lodged the FIR (on CD controversy) only to
check the authenticity of the CD.
"What is the point in filing the cancellation report? You
(Delhi Police) said the CD has been found genuine. Then, you
should have probed the contents," said the court.
The court was hearing the arguments on Bhushan's petition
challenging the police report's seeking cancellation of his
(Bhushan's) complaint which described the CD, containing his
alleged conversations with Samajwadi Party chief Mulayam Singh
Yadav and Amar Singh, as "fabricated" and sought registration
of a criminal case for allegedly forging the CD.
"What you have done is preliminary investigation into the
authenticity of the CD. Armed with an opinion that the CD is
genuine, you could have filed an FIR under Prevention of
Corruption Act. Who stopped you from registering a further FIR
when the CDs were found genuine?" said CMM Yadav.
"Was the Investigating Officer so helpless as not to go
into the alleged conspiracy?" he added.
New Delhi: The city police was on Tuesday slammed
by a Delhi court for not registering a corruption case despite
finding the controversial CD, having alleged telephonic talks
among advocate Shanti Bhushan and politicians Mulayam Singh
Yadav and Amar Singh, to be genuine.
First Published: Tuesday, January 24, 2012, 22:46